Court Directs Immediate Action to Overcome Procedural Barriers in Locating Victims of Human Trafficking
The Jharkhand High Court, in a landmark decision, has issued directives to expedite the tracing of a trafficked minor girl by overcoming procedural hurdles associated with accessing Aadhaar details. The case, titled "Chandramuni Urain v. Director General of Police, Jharkhand," highlights the grave issue of human trafficking, particularly from tribal and marginalized communities, and the judicial system's proactive role in addressing it.
The Division Bench, comprising Justices Sujit Narayan Prasad and Arun Kumar Rai, emphasized the necessity of utilizing Aadhaar data to trace the missing girl, who was trafficked at a young age. The court ordered the Director, UIDAI, to be impleaded as a respondent to facilitate the swift provision of Aadhaar details, a move aimed at locating the victim and ensuring justice is served.
The court noted the procedural challenges under the Aadhaar Act, 2016, which mandates a court application to obtain such details. The court directed the state authorities to file the necessary application promptly to overcome these barriers. This decision underscores the judiciary's commitment to addressing the systemic issues faced by trafficking victims from remote and tribal areas in Jharkhand.
In a related development, the court took cognizance of the assault on the petitioner's mother, who was targeted under the guise of witch practices. An FIR has been registered under the Bharatiya Nyaya Sanhita, 2023, and the Prevention of Witch (Daain) Practices Act, 2001, reflecting the court's dedication to ensuring the safety of vulnerable individuals.
The court also directed the preparation of a Standard Operating Procedure (SoP) by the state to effectively address trafficking cases, particularly those involving marginalized communities. This comprehensive approach aims to tackle the root causes of trafficking and provide a robust framework for future cases.
The court has sought suggestions from the Ministry of Home Affairs to address the procedural challenges under the Aadhaar Act, 2016, in trafficking cases. This call for inter-departmental collaboration highlights the necessity of a unified approach in combating human trafficking.
The case is scheduled for further hearing on February 25, 2026, where the court expects updates on the tracing efforts and further deliberations on the proposed SoP.
Bottom Line:
Trafficking of minor girl child - Directions issued to ensure tracing of the victim and addressing procedural hurdles under Aadhaar Act, 2016 for obtaining Aadhaar details to locate trafficked victims.
Statutory provision(s): Aadhaar Act, 2016, Bharatiya Nyaya Sanhita, 2023, Prevention of Witch (Daain) Practices Act, 2001, Article 226 of the Constitution of India.
